Chapter-9 Provisions Relating to Consumer Court

Chapter-9 Provisions Relating to Consumer Court

  1. Constitution of Consumer Court: (1) The Government of Nepal may, in order to try and settle the cases other than the cases to be prosecuted pursuant to sub-section (1) of Section 40 under this Act, constitute a Consumer Court as per necessity, by a notification in the Nepal Gazette.

                        (2) The venue and jurisdiction of the Consumer Court to be formed pursuant to sub-section (1) shall be as prescribed in the same notice.

                        (3) The Consumer Court shall consist of the Chairperson and Members as follows:

(a)        District Judge of the concerned district

designated by the Government of Nepal          -Chairperson

(b)        Gazetted second class officer of Nepal Judicial

Service designated by the Government of Nepal             -Member

(c)        Gazetted second class officer of the Government

of Nepal designated by the Government of Nepal -Member

                        (4) The Government of Nepal shall notify the designation of the Chairperson or Members pursuant to sub-section (3) in the Nepal Gazette.

                        (5) The Government of Nepal shall consult the Judicial Council before the District Judge is designated as the Chairperson of the Court, and of the Judicial Service Commission before the officer of the Nepal Judicial Service is designated as a Member pursuant to sub-section (3).

  1. Application of jurisdiction of Court: (1) All the members shall collectively exercise the jurisdiction of the Court.

                        Provided that the Bench in which at least one Member is present may carry out procedural matters other than detention, and the Bench in which two Members are present may take all other matters including detention.

                        (2) If unanimity is not reached while trying and settling a case in presence of two Members, the case shall be settled as per the opinion of the Chairperson if it is the Bench including the Chairperson in case it is the procedural matter of the case.

                        (3) If it is the Bench in which the Chairperson is not present, it shall be as per the opinion of the senior member based on the appointment. If it is the decision or final order of the case, it shall be submitted to the Chairperson, and the opinion supported by him or her shall be deemed to be the decision of the Court.

                        (4) The three Members shall collectively exercise the jurisdiction of the Bench and majority opinion including that of the Chairperson shall be deemed to be the decision of the Court.

                        (5)  If all three Members have divergent opinion, the opinion of the Chairperson prevails on the procedural matters and if it is on decision or final order it shall be forwarded to the concerned High Court for the decision, by specifying the reasons for not being able to issue a decision or final order.

                        (6) Hearing of the case pursuant to sub-section (5) shall be held in the single Bench of the High Court and the decision or final order made by such a Bench shall be deemed to be the decision or final order of the Court.

  1. Contempt of Court: (1) The Court may initiate proceedings against the contempt of court and if the act of contempt of court is found to be proved, the Court may punish the offender with a fine not exceeding ten thousand rupees or an imprisonment for a term not exceeding one year or with both.

                        (2) Notwithstanding anything contained in sub-section (1), if the person accused of contempt of court apologizes to the satisfaction of the Court, the Court may not initiate the proceedings or excuse, reduce or change in punishment if the punishment has already been determined or issue an order with effect of non-execution of the sentence, if the conditions are complied with by the accused.

  1. To make files or documents available: (1) If the Court or the Director General of the Department orders any person, institution or office to submit or forward any file, deed, document or any other proof as evidence in the course of the proceedings of the case, such a person, institution or office shall have to submit or forward such a file, deed, document or evidence, within the deadline determined by the Court or the Director General of the Department.

                        (2) If it is obstructed to try, hear or settle the case, or if harassment or harm or injury is caused to any party due to the reason that any person, institution or office has not complied with the order pursuant to sub-section (1), the Court or Director General of the Department may impose upon such a person or institution or chief of office a fine not exceeding one thousand rupees each time.

                        (3) Notwithstanding anything contained in sub-section (2), if such a person or institution or chief of office makes an application to the Court or the Director General of the Department, within the time-limit determined by the Court or the Director General, specifying the reason for not being able to abide by such order, stating that fine should not be imposed, and if the statement of such application is found to be reasonable, the Court or the Director General of the Department may revoke such an order for imposition of the fine.

  1. Appeal: An appeal may be made to the concerned High Court within thirty days against the decision made by the Court under this Act.
  2. Execution of decisions: If it is specified in the decision or order that the decision or order is to be executed by any particular agency or official, the same agency or official shall execute the decision or final order made by the Court under this Act, and if it is not specified as such, it shall be executed by the concerned District Court.
  3. Dissolution of the Court: (1) The Government of Nepal may dissolve the Court at any time by a notification in the Nepal Gazette.

                        (2) If the Court is dissolved pursuant to sub-section (1), the cases, complaints or petitions remained pending at the time of dissolution after being filed in such Court shall be ipso facto transferred to the concerned District Court having territorial jurisdiction.

  1. Special provision relating to action and finalization of case: Notwithstanding anything contained in Section 41, the concerned District Court shall have the authority to take action, hear or try the case under this Act until the Court is constituted pursuant to this Section.
  2. To table notice: The Government of Nepal shall have to table the notice published pursuant to sub-section (1) of Section 41 or sub-section (1) of Section 47 in the House of Representatives.